Bill Amendment: IL HB4469 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: JAILS-PRISONS-VOTING

Status: 2018-11-28 - Bill Dead - No Positive Action Taken - Amendatory Veto [HB4469 Detail]

Download: Illinois-2017-HB4469-House_Amendment_002.html

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Rep. Juliana Stratton

Filed: 3/14/2018

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AMENDMENT TO HOUSE BILL 4469
AMENDMENT NO. ______. Amend House Bill 4469 by replacing
everything after the enacting clause with the following:
"Section 5. The Election Code is amended by adding Sections
19-2.3 and by changing Section 19A-20 as follows:
(10 ILCS 5/19-2.3 new)
Sec. 19-2.3. Vote by mail; jails. Each election authority
shall collaborate with the primary county jail where eligible
voters are confined or detained who are within the jurisdiction
of the election authority to facilitate voting by mail for
voters eligible to vote in the election jurisdiction who are
confined or detained in the county jail.
(10 ILCS 5/19A-20)
Sec. 19A-20. Temporary branch polling places.
(a) In addition to permanent polling places for early

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voting, the election authority may establish temporary branch
polling places for early voting.
(b) The provisions of subsection (b) of Section 19A-15 do
not apply to a temporary polling place. Voting at a temporary
branch polling place may be conducted on any one or more days
and during any hours within the period for early voting by
personal appearance that are determined by the election
authority.
(c) The schedules for conducting voting do not need to be
uniform among the temporary branch polling places.
(d) The legal rights and remedies which inure to the owner
or lessor of private property are not impaired or otherwise
affected by the leasing of the property for use as a temporary
branch polling place for early voting, except to the extent
necessary to conduct early voting at that location.
(e) In a county with a population of 3,000,000 or more, the
election authority in the county shall establish a temporary
branch polling place under this Section in the county jail.
Only a resident of a county who is in custody at the county
jail and who has not been convicted of the offense for which
the resident is in custody is eligible to vote at a temporary
branch polling place established under this subsection. The
temporary branch polling place established under this
subsection shall allow a voter to vote in the same elections
that the voter would be entitled to vote in where the voter
resides. To the maximum extent feasible, voting booths or

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screens shall be provided to ensure the privacy of the voter.
All provisions of this Code applicable to pollwatchers
shall apply to a temporary branch polling place under this
subsection, subject to approval from the election authority and
the county jail. A county that establishes a temporary branch
polling place inside a county jail in accordance with this
subsection shall adhere to all requirements of this subsection.
All requirements of the federal Voting Rights Act of 1965 shall
apply to this subsection.
(Source: P.A. 94-645, eff. 8-22-05.)
Section 10. The Counties Code is amended by adding Sections
3-15003.3 and 3-15003.4 as follows:
(55 ILCS 5/3-15003.3 new)
Sec. 3-15003.3. Voter registration; county jails. Upon
discharge of a person who is eligible to vote from a county
jail, the county jail shall provide the person with a voter
registration application. Each election authority shall
collaborate with the county jail within the jurisdiction of the
election authority to facilitate voter registration for voters
eligible to vote in that county who are confined or detained in
the county jail. A county jail shall provide a voter
registration application to any person in custody at the jail
who requests an application and is eligible to vote.

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(55 ILCS 5/3-15003.4 new)
Sec. 3-15003.4. Voting rights; county jails; probation
offices.
(a) Each county jail and county probation office shall make
available current resource materials, maintained by the
Illinois State Board of Elections, containing detailed
information regarding the voting rights of a person with a
criminal conviction in the following formats:
(1) in print;
(2) on the website of each county jail and each county
probation office; and
(3) in a visible location on the premises of each
county jail and county probation office where notices are
customarily posted.
(b) The current resource materials described under
subsection (a) shall be provided:
(1) upon discharge of a person from a county jail; and
(2) upon intake of a person by a county probation
department.
Section 15. The Unified Code of Corrections is amended by
adding Sections 3-2-2.3 and by changing Section 3-14-1 as
follows:
(730 ILCS 5/3-2-2.3 new)
Sec. 3-2-2.3. Voting rights information.

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(a) The Department shall make available to a person in its
custody current resource materials, maintained by the Illinois
State Board of Elections, containing detailed information
regarding the voting rights of a person with a criminal
conviction in the following formats:
(1) in print;
(2) on the Department's website; and
(3) in a visible location on the premises of each
Department facility where notices are customarily posted.
(b) The current resource materials described under
subsection (a) shall be provided upon release of a person on
parole, mandatory supervised release, final discharge, or
pardon from the Department.
(730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)
Sec. 3-14-1. Release from the institution.
(a) Upon release of a person on parole, mandatory release,
final discharge or pardon the Department shall return all
property held for him, provide him with suitable clothing and
procure necessary transportation for him to his designated
place of residence and employment. It may provide such person
with a grant of money for travel and expenses which may be paid
in installments. The amount of the money grant shall be
determined by the Department.
(a-1) The Department shall, before a wrongfully imprisoned
person, as defined in Section 3-1-2 of this Code, is discharged

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from the Department, provide him or her with any documents
necessary after discharge.
(a-2) The Department of Corrections may establish and
maintain, in any institution it administers, revolving funds to
be known as "Travel and Allowances Revolving Funds". These
revolving funds shall be used for advancing travel and expense
allowances to committed, paroled, and discharged prisoners.
The moneys paid into such revolving funds shall be from
appropriations to the Department for Committed, Paroled, and
Discharged Prisoners.
(a-3) Upon release of a person who is eligible to vote on
parole, mandatory release, final discharge, or pardon, the
Department shall provide the person with a form that informs
him or her that his or her voting rights have been restored and
a voter registration application. The Department shall have
available voter registration applications in the languages
provided by the Illinois State Board of Elections. The form
that informs the person that his or her rights have been
restored shall include the following information:
(1) All voting rights are restored upon release from
the Department's custody.
(2) A person who is eligible to vote must register in
order to be able to vote.
The Department of Corrections shall confirm that the person
received the voter registration application and has been
informed that his or her voting rights have been restored.

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(b) (Blank).
(c) Except as otherwise provided in this Code, the
Department shall establish procedures to provide written
notification of any release of any person who has been
convicted of a felony to the State's Attorney and sheriff of
the county from which the offender was committed, and the
State's Attorney and sheriff of the county into which the
offender is to be paroled or released. Except as otherwise
provided in this Code, the Department shall establish
procedures to provide written notification to the proper law
enforcement agency for any municipality of any release of any
person who has been convicted of a felony if the arrest of the
offender or the commission of the offense took place in the
municipality, if the offender is to be paroled or released into
the municipality, or if the offender resided in the
municipality at the time of the commission of the offense. If a
person convicted of a felony who is in the custody of the
Department of Corrections or on parole or mandatory supervised
release informs the Department that he or she has resided,
resides, or will reside at an address that is a housing
facility owned, managed, operated, or leased by a public
housing agency, the Department must send written notification
of that information to the public housing agency that owns,
manages, operates, or leases the housing facility. The written
notification shall, when possible, be given at least 14 days
before release of the person from custody, or as soon

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thereafter as possible. The written notification shall be
provided electronically if the State's Attorney, sheriff,
proper law enforcement agency, or public housing agency has
provided the Department with an accurate and up to date email
address.
(c-1) (Blank).
(c-2) The Department shall establish procedures to provide
notice to the Department of State Police of the release or
discharge of persons convicted of violations of the
Methamphetamine Control and Community Protection Act or a
violation of the Methamphetamine Precursor Control Act. The
Department of State Police shall make this information
available to local, State, or federal law enforcement agencies
upon request.
(c-5) If a person on parole or mandatory supervised release
becomes a resident of a facility licensed or regulated by the
Department of Public Health, the Illinois Department of Public
Aid, or the Illinois Department of Human Services, the
Department of Corrections shall provide copies of the following
information to the appropriate licensing or regulating
Department and the licensed or regulated facility where the
person becomes a resident:
(1) The mittimus and any pre-sentence investigation
reports.
(2) The social evaluation prepared pursuant to Section
3-8-2.

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(3) Any pre-release evaluation conducted pursuant to
subsection (j) of Section 3-6-2.
(4) Reports of disciplinary infractions and
dispositions.
(5) Any parole plan, including orders issued by the
Prisoner Review Board, and any violation reports and
dispositions.
(6) The name and contact information for the assigned
parole agent and parole supervisor.
This information shall be provided within 3 days of the
person becoming a resident of the facility.
(c-10) If a person on parole or mandatory supervised
release becomes a resident of a facility licensed or regulated
by the Department of Public Health, the Illinois Department of
Public Aid, or the Illinois Department of Human Services, the
Department of Corrections shall provide written notification
of such residence to the following:
(1) The Prisoner Review Board.
(2) The chief of police and sheriff in the municipality
and county in which the licensed facility is located.
The notification shall be provided within 3 days of the
person becoming a resident of the facility.
(d) Upon the release of a committed person on parole,
mandatory supervised release, final discharge or pardon, the
Department shall provide such person with information
concerning programs and services of the Illinois Department of

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Public Health to ascertain whether such person has been exposed
to the human immunodeficiency virus (HIV) or any identified
causative agent of Acquired Immunodeficiency Syndrome (AIDS).
(e) Upon the release of a committed person on parole,
mandatory supervised release, final discharge, pardon, or who
has been wrongfully imprisoned, the Department shall verify the
released person's full name, date of birth, and social security
number. If verification is made by the Department by obtaining
a certified copy of the released person's birth certificate and
the released person's social security card or other documents
authorized by the Secretary, the Department shall provide the
birth certificate and social security card or other documents
authorized by the Secretary to the released person. If
verification by the Department is done by means other than
obtaining a certified copy of the released person's birth
certificate and the released person's social security card or
other documents authorized by the Secretary, the Department
shall complete a verification form, prescribed by the Secretary
of State, and shall provide that verification form to the
released person.
(f) Forty-five days prior to the scheduled discharge of a
person committed to the custody of the Department of
Corrections, the Department shall give the person who is
otherwise uninsured an opportunity to apply for health care
coverage including medical assistance under Article V of the
Illinois Public Aid Code in accordance with subsection (b) of

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Section 1-8.5 of the Illinois Public Aid Code, and the
Department of Corrections shall provide assistance with
completion of the application for health care coverage
including medical assistance. The Department may adopt rules to
implement this Section.
(Source: P.A. 98-267, eff. 1-1-14; 99-415, eff. 8-20-15;
99-907, eff. 7-1-17.)
Section 99. Effective date. This Act takes effect January
1, 2020.".